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Regarding a doubt in apprehension and remand time period of CCL


09-Nov-2025 (In Criminal Law)
The CCL boy was apprehended at 11:00 am in a pocso act case, after completing the remand procedure formalities, due to late hours the CCL boy was kept in Juvenile home for night custody. The next day police taken the CCL from the juvenile home and produced before magistrate at 13:00 hrs which exceeds the 24hrs grace period in police custody. Is this fine ?
Answers (2)

Answer #1
590 votes
As per Article 22(2) and Section 57 CrPC, an arrested person must be produced before the Magistrate within 24 hours, excluding travel time. Any unjustified delay — even of a few hours — makes the detention illegal and violates the Constitution. In such a case, we can challenge the remand, seek release on that ground, and even claim compensation for unlawful detention. But here he was kept in juvenile custody and one, two hours here and there due to traffic or travel time is acceptable,so it's not a big issue.
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Advocate Katla Vijaykumar

Adv. Katla Vijaykumar

LawRato Secunderabad | 50+ Answers
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Answer #2
962 votes
No, this is not fine. The production after 26 hours violates the 24 hour rule. Unless there’s a recorded and justifiable reason, it’s a procedural irregularity and can be used as a ground for challenge especially in a bail or quash petition.
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Advocate D. Jagadheeswara Rao

Adv. D. Jagadheeswara Rao

LawRatoHyderabad | 25+ Answers
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